ORAL ORDER

1. Pursuant to the order dated 01.04.2026, a notice was issued to the respondent no.2 - complainant. The complainant is personally present before the Court and has submitted that she is not agreeable to the marriage of the victim with the present applicant.

2. By way of filing the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants- accused have prayed to quash and set aside the FIR being C.R. No.11197005240565 of 2024 registered with the Vadodara Taluka Police Station, District – Vadodara (Rural), for the offences punishable under Sections 137(2), 87, 64(2)(m), 54 and 249(b) of the Bharatiya Nyaya Sanhita, 2023, and under Sections 5(j)(ii), 5(l), 6, 16(II) and 17 of the POCSO Act, as well as the proceedings of the Sessions (PCSO) Case No. 91 of 2024, so also all other consequential proceedings arising pursuant thereto qua the present applicants.

3. RULE returnable forthwith. Learned APP Mr. Bhargav Pandya waives service of notice of rule for and on behalf of the respondent no.1 – State.

4. At the outset, learned advocate Ms. Akshitaba Solanki appearing for the applicants has submitted that at the time of the alleged incident, the victim-girl was aged about 17 years and 17 days, whereas the accused was aged about 30 years. She has further submitted that both of them were having intimacy with each other and they both had eloped together. It is submitted that when the victim attained the age of majority, they got married on 02.10.2025. In support of the aforesaid contention, learned advocate has annexed the marriage certificate annexed at Annexure- C to the application, which suggests that the marriage of the applicant and the victim got registered on 09.10.2025 before the Registrar of Marriages, Taluka- Ghoghamba, District - Panchmahals. It is further submitted that the victim and the applicant have been blessed with a baby girl and her birth certificate is also annexed at Annexure – D to the application. Learned advocate has therefore, submitted that since the dispute between the parties has been amicably resolved and the victim and the applicant no.1 are happily residing together under one roof, the trial would be a futile exercise and further continuation of the proceedings would amount to abuse of process of law.

5. The victim-girl is personally present before the Court and has submitted that since the matter has been amicably resolved with the applicants-accused, she does not want to proceed further with the matter as she has no grievance or ill will against the present applicants-accused.

6. The relevant paragraphs of the additional afÏdavit filed by the victim read as under:-

“1. I am the victim of the complaint filed before Vadodara Rural Police Station, Vadodara Rural vide CR No 1 -1197005240565 for the offence punishable under sec. 137 (2), 87, 64 (2) (M), 54, 249 (B), of 1.P.C and 5(J)(II), 5(L), 6, 16 (2), 17 of POCSO Act on 16.07.2024.

2. I say that the victim has, out of her own free will and consent, solemnized marriage with the accused, Nishit H Darji on 02/10/2025.

3. I further state that the said marriage has been duly registered on 09/10/2025 before the competent authority. The marriage certificate has already been annexed with the petition filed on record.

4. I say out of the said wedlock, a female child has been born. The couple is blessed with a baby girl named Nitya Nishit Darji, born on 26/04/2023 at Vadodara. The Birth certificate has already been annexed with the petition filed on record.

5. I say that the deponent is filing the present additional afÏdavit to place the above facts on record for the kind consideration of this Hon'ble court.

6. It is further submitted that since now there is no any dispute with myself and Applicant and harmony has been established with the family and now the original dispute has been over and settled therefore, the present Victim has decided not to proceed with the complaint in question against the Applicants